Hiring decisions carry weight. A single oversight in the background check process can open the door to legal trouble, disrupt your hiring strategy, and damage your company's reputation.
Among the most misunderstood risks is the automatic issuance of a Fair Credit Reporting Act 613 Notice, a mechanism that many background screening companies still rely on.
KRESS Employment Screening has never used 613 notices. We don't believe they serve employers or prospective employees. This is one of the most defining differences in how we approach compliance, accuracy, and fairness in employment screening.
"Employers deserve clarity, not chaos. And candidates deserve fairness, not assumptions," says Chandra Kill, CEO of KRESS. "That's why we've never issued a 613a letter. Our background checks are built around precision, not automation."
What Is a 613a Letter?
A 613a letter stems from Section 613 of the Fair Credit Reporting Act. It governs how consumer reporting agencies must handle public record information when conducting a background check for employment purposes.
CRAs are required to do one of the following:
CRA Compliance Options under the FCRA | Description |
|---|---|
Maintain strict procedures | Ensure such public record information is complete, current, and verified before reporting it to an employer |
Notify the consumer | Send a formal notification to the candidate any time such consumer report includes public record data that may adversely affect their employment prospects |
Most CRAs choose to issue a 613a letter automatically, regardless of whether the data is accurate, outdated, or even relevant to the position. This creates a serious gap in the accuracy and reliability of background screening outcomes.
Risks of Automatic 613 Notices
1. Premature Adverse Action and Legal Exposure
When employers receive a notice triggered by a background check report, they may mistakenly treat it as a disqualifying event. Taking further action, such as deciding to decline employment based solely on that notice, violates the FCRA's adverse action notification requirements.
Legal precedent confirms the danger: Courts have found employers liable when such consumer report data led to decisions without adequate review or opportunity for the applicant to respond. The FCRA requires that a pre-adverse action notice be issued and a reasonable period granted for the candidate to dispute any derogatory information.
2. Irrelevant or Incorrect Records
A criminal database background check may flag old or minor infractions, such as a traffic violation, that bear no connection to the role. Yet, a 613a letter would still be triggered. This can send a confusing message to candidates and also negatively impact employment decisions if not carefully reviewed.
"A database flag doesn't equal a disqualification," Kill emphasizes. "We see it as a note for further investigation and in no way a conclusion."
3. Compliance Violations at the State Level
States like New York have enacted employment laws that require employers to directly connect criminal records or negative information received as part of a background check to the actual position they're applying for. Issuing a 613a letter without context fails to meet these legal standards. The law demands individualized assessment, not templated triggers.
Why KRESS Refuses to Use 613 Notices
KRESS is a background screening company that prioritizes legality, fairness, and role-specific reporting. Every consumer report we deliver is reviewed manually. We verify public record information for accuracy, relevance, and timeliness. "We don't send out notices just to protect ourselves," Kill adds. "We're here to protect our clients and help them make the best possible final decision."
Feature | KRESS Employment Screening | Typical Industry CRA |
|---|---|---|
Use of 613a letter | Does not issue 613 notices. Reports are based on verified, role-relevant data. | Often issues a 613a letter automatically when public records are found, regardless of job relevance. |
Strict Procedures for Record Validation | Manually verifies all public record information for accuracy, completeness, and context. | Relies heavily on automated databases with minimal verification or context review. |
Review Before Further Action | Every potentially disqualifying record is reviewed by compliance professionals before it is included in the report. | Frequently flags records without assessment, shifting liability to the employer. |
Customization by Job Role and Location | Reports are tailored based on the position, industry, and jurisdiction. | Generic reporting that often lacks role-specific filters or state law alignment. |
Compliance with State and Federal Law | Proactively aligns with FCRA, EEOC guidance, and state-specific regulations. | Basic FCRA compliance with limited capacity to navigate evolving legal standards. |
Support with Adverse Action | Facilitates the adverse action notice process, including templates, timelines, and audit-ready documentation. All hiring decisions remain with the employer. | Minimal support; often leaves employers to manage the process independently. |
Relevance of Reported Information | Includes only information directly related to the role responsibilities and permissible for employment purposes. | May include irrelevant or outdated data, increasing legal and reputational risks. |
Best Practices for Employers
If you want to reduce risk, support fair hiring, and protect your brand, here's what you need to know:
Choose the Right CRA!
Choose a background screening company that doesn't rely on auto-generated notices. Manual verification of consumer information ensures the report reflects true credit standing, criminal history, or other personal characteristics relevant to the role.
Follow the Adverse Action Process
Following the adverse action process correctly requires steps from federal law (the FCRA), federal anti-discrimination guidance (the EEOC), and applicable state and local fair chance laws.
Before considering adverse action based on criminal history, the EEOC's 2012 enforcement guidance and many state and local fair chance laws (including New York, California, Philadelphia, Massachusetts, and Illinois) require employers to first conduct an individualized assessment of the candidate's record against the role.
The EEOC's three-factor test is the widely accepted standard:
- The nature and gravity of the offense or conduct
- The time that has passed since the offense or completion of the sentence
- The nature of the job held or sought
The individualized assessment is the employer's responsibility. KRESS provides optional templates and workflow support; the assessment itself and the decision that follows belong to the employer.
Under the FCRA, employers must then:
- Provide a pre-adverse action notice
- Give the candidate time to review and contest any negative impact in the report
- Issue a final adverse action notice only after careful consideration
For a step-by-step, consult the FTC's compliance guide.
Contextualize Potentially Disqualifying Information
Not all criminal records or credit reporting flags are relevant. Evaluate the nature, date, and context of the issue to determine whether it truly affects employment prospects.
The KRESS Standard: No Templates. No Shortcuts. No 613 Notices.
KRESS background checks are built for compliance and clarity. We don't rely on automation to make complex decisions. Instead, we prioritize:
- Strict procedures for report accuracy
- Custom assessments tailored to the job
- Clear documentation to support your employment decisions
- Legal compliance in every jurisdiction
"We're not in the business of red-flagging people," says Kill. "We're here to help employers determine who's truly right for the role."
Learn More
- Contact the KRESS team to review your current screening process
- Learn how to navigate adverse action in employment screening
- Read our full guide to sending an adverse action notice
- Learn about our compliant automated adverse action process
Frequently Asked Questions
What is a 613a letter and why is it controversial?
A 613a letter is a type of notification issued by a consumer reporting agency under the Fair Credit Reporting Act. It informs the consumer, usually a job applicant, that public record information has been included in their consumer report for employment purposes.
The issue is that some agencies send these letters automatically, without verifying whether such public record information is relevant or even accurate. KRESS does not issue 613a letters because we believe every background check deserves a thorough investigation, not an automated alert.
When should a background check trigger a formal adverse action?
An adverse action should only be considered if the report contains derogatory information that directly affects the applicant's eligibility for the job in question.
Before taking this step, the employer must first conduct an individualized assessment, weighing the nature and gravity of the offense, the time elapsed since the offense, and the nature of the job sought. Only after this assessment, and only if the employer is still considering adverse action, should a pre-adverse action notice be issued. The pre-adverse action notice must include a summary of the consumer report, a disclosure, and the contact information of the consumer reporting agency that prepared it. The letter serves as an opportunity for the consumer to dispute any inaccuracies before a final decision is made.
What shows up in a background check?
Background checks can pull in a range of public record information, including criminal history, court rulings, and bankruptcy cases. But for hiring decisions, it's not just about what's found. It's about what's relevant. Using outdated or unrelated records can distort how a candidate's character, credit capacity, or general reputation is perceived, which can lead to poor decisions.
At KRESS, every record is reviewed through a clear lens: Is it accurate? Is it current? And does it matter for the role?
Can you reject a candidate based on a background report?
In some cases, yes, but only if the data truly applies to the job. The starting point is an individualized assessment: the employer reviews the nature and gravity of the offense, the time that has passed, and the relevance to the role, and gives the candidate a meaningful opportunity to provide context.
If, after the individualized assessment, the employer still intends to decline the candidate, the law requires a few further steps: give the applicant a heads-up through a pre-adverse action notice, allow them time to respond or dispute what's reported, and only then issue a formal final adverse action notice if necessary. All hiring decisions remain with the employer.
What is the permissible purpose for running a background check?
The permissible purpose for accessing a consumer report is usually tied to an employment-related request, such as hiring, promotion, reassignment, or retention.
Employers must obtain written authorization from the user, typically the job candidate, and ensure that the disclosure is clear and standalone. Any form that includes this request must comply with both federal and state law.
How does KRESS verify the accuracy of a background screening report?
KRESS follows a human-led, compliance-first approach. Before any report is delivered, our team conducts a manual verification of key identifiers, including name, address, date of birth, and Social Security Number.
We cross-check results against trusted database sources and conduct a layered investigation to ensure the information is both accurate and job-relevant. This mitigates the risk of false positives and reduces the chance that such public record information will negatively and unfairly impact a candidate.